§ 220.54. When the Board will not purchase a consultative examination.
223 words·~1 min read·
/us/cfr/t20/s§ 220.54·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A consultative examination will not be purchased in the following situations (these situations are not all-inclusive):
(a)In disabled widow(er) benefit claims, when the alleged month of disability is after the end of the 7-year period specified in § 216.38 and there is no possibility of establishing an earlier onset, or when the 7-year period expired in the past and all the medical evidence in the claimant's file establishes that he or she was not disabled on or before the expiration date.
(b)When any issues about the actual performance of substantial gainful activity have not been resolved.
(c)In childhood disability claims, when it is determined that the claimant's alleged childhood disability did not begin before the month of attainment of age 22. In this situation, the claimant could not be entitled to benefits as a disabled child unless found disabled before age 22.
(d)When, on the basis of the claimant's allegations and all available medical reports in his or her case file, it is apparent that he or she does not have an impairment which will have more than a minimal effect on his or her capacity to work.
(e)Childhood disability claims filed concurrently with the employee's claim and entitlement cannot be established for the employee.
(f)Survivors childhood disability claims where entitlement is precluded based on non-disability factors.